Certified Information Privacy Professional (CIPP) Practice Questions 2026 – All-in-One Guide to Exam Success!

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What clause of the U.S. Constitution establishes the concept of preemption?

Establishment clause

Supremacy clause

The Supremacy Clause of the U.S. Constitution is the foundation of the preemption doctrine, which holds that federal law takes precedence over state law when there is a conflict between the two. This clause is located in Article VI, Clause 2 of the Constitution and asserts that the Constitution, along with federal laws made in accordance with it, are the "supreme law of the land."

In practice, when a state law contradicts a federal law, the federal law prevails, and the conflicting state law is rendered void. This principle ensures a uniform legal framework across the country, especially in areas where the federal government has enacted legislation that pertains to matters affecting multiple states or the nation as a whole.

The other options are related to different aspects of governance and constitutional law. The Establishment Clause prohibits the government from establishing a religion, the Commerce Clause regulates commerce among the states and with foreign nations, and the Incompatibility Clause is not a recognized term in U.S. constitutional law.

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Commerce clause

Incompatibility clause

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